Choosing family law mediation for your dispute helps both parties come to a mutual agreement. Any kind of family law dispute can be hard to navigate when the opposing parties have close family ties. Family interactions can be messy. Not only do you personally know each other, but you often have the same relatives and relationships. As a form of Alternative Dispute Resolution, family law mediation allows the family to part amicably and move on towards the future.
Address Common Family Issues
Family law mediation usually includes people, finances, and the relationships between the family. After a separation or divorce, communication can break down and relationships can change. Family law mediation often sees families who need help with issues regarding child support, spousal support, or parenting arrangements. The division of assets is another common issue that families want to discuss during mediation sessions.
No Need to Attend Court
One of the best parts of family law mediation is that the opposing parties can meet outside of the courtroom to find a solution. The family can work out the issue together in a comfortable setting without the need to attend court. Once a solution has been made, the information is then presented to the court for finalization.
Work Together to Find a Solution
Family law mediations are the best option for those family members who are willing to work together to find a solution. Mediations are guided by a mediator but require both sides to give and take when it comes to finding a mutually beneficial agreement. You can make sure that your concerns are heard and taken into account as well as listen to what the opposing party thinks. Both parties must be willing to work together to find a solution in family law mediation.
Make It Easier on the Kids
Many family disputes involve children. While we don’t recommend that children attend the mediation themselves, it is crucial to understand that family disagreements do affect the children involved. Child support and the division of assets both involve the financial aspects of raising children. Determining parenting arrangements greatly impacts the lives of the children as well. It is important to note that mediation allows parents or guardians to work together to do what is best for the children and is often a less stressful way to handle the family issues involved in separations or divorce.
Family Law Mediation FAQ
Learn more about family law mediation and how this process could benefit your family with these frequently asked questions.
Who Is Involved in the Family Law Mediation Process?
A typical family law mediation session involves two opposing parties and a mediator. The two opposing parties may include their own attorney, but it is often not required.
Are Family Law Mediations Confidential?
Yes. Family law mediations are a safe space where you can voice your concerns without the need for any personal information made available to the court. Only those in the room will know the exact conversation in a family law mediation session.
Will the Mediator Decide Our Issue?
No. Mediators are trained professionals that work with a group of people to come to a mutual agreement. They ask questions, help everyone at the table understand each other, and move the discussion along when it becomes stagnant. Mediators do not give answers or solutions to the problem, but rather help the two opposing parties find a mutual solution that is comfortable for everyone.
How Many Family Law Mediation Sessions Will We Need?
Every mediation process is different. Most sessions last a few hours, and some families can find a mutual agreement with only one session. Other more complicated issues need more than one session to find common ground. Those parties who come to the table ready to listen, be honest, and work together often require fewer family law mediation sessions than those who don’t.
What Is the Cost for Family Law Mediation?
Since most mediations only require one mediator, the cost of family law mediation is significantly less than other options. Mediators often charge a set hourly or session fee and have years of training and experience to help guide families toward mutual agreement. Some family law mediations involve individual attorneys, which would increase the overall cost.
Usually, the cost of a mediation session is split equally between the opposing parties. The overall cost of the process increases as the need for more sessions arises. If a family cannot find a mutual agreement, then the process moves onto other forms of law services like collaborative law or litigation.
Does A Mediator Report To A Court?
In private cases (not court-referred), the mediator does not report anything to a court.
If the case is court-referred, the mediator may have to report that the mediation took place and whether the parties reached an agreement. If the parties reached an agreement in a court-referred mediation, the mediator may have to send the agreement to the court to be entered as a court order. If no agreement is reached in a court-referred mediation, the mediator merely reports that no agreement was reached, without details.